May 19, 2000
Volume 6 -- Number 075

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Lucian T. Pera
Editor-in-Chief, TBALink

						
WILLIAM ALLEN v. WILLIAM ROBERTS, JR.

Court:TCA

Attorneys: 

William Allen, Nashville, Tennessee, pro se.

David E. Danner, Nashville, Tennessee, for the appellee, William
Roberts, Jr.
                         

Judge: CAIN

First Paragraph:

This is a civil rights action by a convicted murderer against his
appointed counsel in a post- conviction relief proceeding.  Upon our
review of the record in this case we find that the issues raised, if
any, were raised at the plaintiff's post-conviction hearing and that
the only colorable claim under the Civil Rights Act is barred by the
appropriate statute of limitation.

http://www.tba.org/tba_files/TCA/AllenWm.wpd



EDNA BIRCHETT v. THE NASHVILLE COMPANY, INC. Court:TCA Attorneys: Donald D. Zuccarello of Nashville,Tennessee, for the Appellant M. Clark Spoden of Nashville, Tennessee, for the Appellee Judge: GODDARD First Paragraph: By this suit the Plaintiff seeks to recover damages for retaliatory discharge because she alleges that her employer terminated her because she filed a workers' compensation suit. The Trial Court granted a summary judgment in favor of the employer and the employee appeals. We concur in the action of the Trial Court and affirm. http://www.tba.org/tba_files/TCA/birchettedn.wpd
STATE OF TENNESSEE v. DON ALLEN COLEMAN Court:TCCA Attorneys: Albert J. Newman, Jr., Knoxville, Tennessee, for the appellant, Don Allen Coleman. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Kevin Allen, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: Petitioner, Don Allen Coleman, appeals the denial of his petition for post-conviction relief. Petitioner pled guilty to two counts of rape of a child. Pursuant to a plea agreement, the trial court ordered him to serve two concurrent seventeen-year sentences. Petitioner now alleges ineffective assistance of counsel and claims his plea was not voluntarily and knowingly entered. Upon a complete review of the record, we conclude that counsel was effective and the plea was voluntary. Thus, we affirm the dismissal of the petition. http://www.tba.org/tba_files/TCCA/colemanDA.wpd
STATE OF TENNESSEE v. ROBIN K. DODSON Court:TCCA Attorneys: B. Jeffery Harmon, Jasper Tennessee, for the appellant, Robin K. Dodson. Paul G. Summers, Attorney General and Reporter, Elizabeth B. Marney, Assistant Attorney General, Nashville, Tennessee; J. Michael Taylor, District Attorney General and Sherry Gouger, Assistant District Attorney, Jasper, Tennessee for appellee, State of Tennessee. Judge: SMITH First Paragraph: A Rhea County jury convicted the appellant, Robin K. Dodson, of one (1) count of possession with the intent to sell marijuana and one (1) count of public intoxication. The trial court sentenced the appellant to concurrent terms of two (2) years for felonious possession of marijuana and thirty (30) days for public intoxication, suspended upon service of fifteen (15) days in the county jail. On appeal, the appellant contends that the trial court erred in excluding certain testimony as hearsay. After a review of the record, we conclude that statements made by a passenger in the appellant's vehicle were offered not for the truth of the statements themselves, but rather to explain why the appellant made inconsistent statements regarding his ownership of the marijuana found in his vehicle. As a result the statements are not hearsay and thus the trial court erred in excluding them. Because we cannot conclude that this error was harmless, under the circumstances, we must reverse the appellant's conviction for possession with the intent to sell marijuana and remand for a new trial. http://www.tba.org/tba_files/TCCA/dodsonrobin.wpd
STATE OF TENNESSEE v. LARRY ALLEN HICKS WITH DISSENTING OPINION Court:TCCA Attorneys: Jerry H. Summers, Chattanooga, Tennessee, for the appellee, Larry Allen Hicks. Paul G. Summers, Attorney General and Reporter, Erik W. Daab, Assistant Attorney General, Bill Cox, District Attorney General, Dean C. Ferraro, Assistant District Attorney General, for the appellant, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Larry Allen Hicks, was indicted by a Hamilton County Grand Jury for unlawful and knowing possession of marijuana, a controlled substance, with intent to sell or deliver, in violation of Tennessee Code Annotated S 39-17-417. He subsequently moved to suppress the evidence obtained against him at a roadblock. After a hearing, the trial court granted the motion to suppress, and the case was dismissed. Pursuant to Rule 3(c) of the Tennessee Rules of Appellate Procedure, the State now appeals as of right, arguing that the trial court improperly suppressed the evidence obtained against the Defendant at the roadblock. In reply, the Defendant argues (1) that the roadblock, which was established to check drivers' licenses, was unconstitutional per se; (2) that even if it was not unconstitutional per se, it was nonetheless unconstitutional as implemented; and (3) that even if it was not unconstitutional, it was unlawful. Because we find that the trial court erred in granting the Defendant's motion to suppress, we reverse the decision of the trial court and remand for further proceedings. http://www.tba.org/tba_files/TCCA/hicksla_opn.wpd DISSENTING OPINION: http://www.tba.org/tba_files/TCCA/Hicksla_dis.wpd

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